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Do Patents Perform Like Property?


  • James Bessen

    (Research on Innovation, Boston University School of Law)

  • Michael J. Meurer


Do patents provide critical incentives to encourage investment in innovation? Or, instead, do patents impose legal risks and burdens on innovators that discourage innovation, as some critics now claim? This paper reviews empirical economic evidence on how well patents perform as a property system.

Suggested Citation

  • James Bessen & Michael J. Meurer, 2008. "Do Patents Perform Like Property?," Working Papers 0801, Research on Innovation.
  • Handle: RePEc:roi:wpaper:0801

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    Cited by:

    1. Philipp Weinscheink, 2010. "Entry and Incumbent Innovation," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2010_17, Max Planck Institute for Research on Collective Goods.
    2. Benjamin Barber & Luis Diestre, 2022. "Can firms avoid tough patent examiners through examiner‐shopping? Strategic timing of citations in USPTO patent applications," Strategic Management Journal, Wiley Blackwell, vol. 43(9), pages 1854-1871, September.
    3. repec:zbw:bofrdp:2017_017 is not listed on IDEAS
    4. Michele Boldrin & David K. Levine, 2009. "A Model of Discovery," American Economic Review, American Economic Association, vol. 99(2), pages 337-342, May.
    5. Elizabeth Webster & Paul H. Jensen, 2011. "Do Patents Matter for Commercialization?," Journal of Law and Economics, University of Chicago Press, vol. 54(2), pages 431-453.
    6. Diego Useche, 2015. "Patenting Behaviour and the Survival of Newly Listed European Software Firms," Industry and Innovation, Taylor & Francis Journals, vol. 22(1), pages 37-58, January.
    7. Joy Buchanan & Bart Wilson, 2014. "An experiment on protecting intellectual property," Experimental Economics, Springer;Economic Science Association, vol. 17(4), pages 691-716, December.
    8. Brüggemann, Julia & Crosetto, Paolo & Meub, Lukas & Bizer, Kilian, 2016. "Intellectual property rights hinder sequential innovation. Experimental evidence," Research Policy, Elsevier, vol. 45(10), pages 2054-2068.
    9. Udo Bauer & Herbert Endres & Michael Dowling & Roland Helm, 2018. "Organisational Capabilities For Technology Transfer: A Study Of R&D-Intensive Firms In Germany," International Journal of Innovation Management (ijim), World Scientific Publishing Co. Pte. Ltd., vol. 22(04), pages 1-31, May.
    10. Iftekhar Hasan & Fahad Khalil & Xian Sun, 2017. "The Impacts of Intellectual Property Rights Protection on Cross-Border M&As," Quarterly Journal of Finance (QJF), World Scientific Publishing Co. Pte. Ltd., vol. 7(03), pages 1-35, September.
    11. Liu, Ming & La Croix, Sumner, 2015. "A cross-country index of intellectual property rights in pharmaceutical inventions," Research Policy, Elsevier, vol. 44(1), pages 206-216.
    12. Kafouros, Mario & Aliyev, Murod & Krammer, Sorin M.S., 2021. "Do firms profit from patent litigation? The contingent roles of diversification and intangible assets," Research Policy, Elsevier, vol. 50(6).
    13. Sanz, Esteve, 2015. "Copyright indicators and the costs of symbolic production: The cultural dimension of telecommunications policy," Telecommunications Policy, Elsevier, vol. 39(3), pages 208-217.
    14. Qin Yang & Marcel C. Minutolo, 2016. "The Strategic Approaches for a New Typology of Firm Patent Portfolios," International Journal of Innovation and Technology Management (IJITM), World Scientific Publishing Co. Pte. Ltd., vol. 13(02), pages 1-18, April.
    15. Christian Le Bas & Julien Pénin, 2014. "Patents and innovation : Are the brakes broken, or how to restore patents’ dynamic efficiency ?," Working Papers of BETA 2014-02, Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg.
    16. Kwon, Seokbeom, 2021. "The prevalence of weak patents in the United States: A new method to identify weak patents and the implications for patent policy," Technology in Society, Elsevier, vol. 64(C).
    17. Hasan, Iftekhar & Khalil, Fahad & Sun, Xian, 2017. "The impacts of intellectual property rights protection on cross-border M&As," Bank of Finland Research Discussion Papers 17/2017, Bank of Finland.
    18. Blind, Knut, 2012. "The influence of regulations on innovation: A quantitative assessment for OECD countries," Research Policy, Elsevier, vol. 41(2), pages 391-400.

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